Judge OKs Tobacco Initiative for Fall Ballot

Despite “grave” concerns over the legality of a controversial tobacco initiative, a county judge Friday ruled the measure belongs on the November ballot.

The long-awaited decision was instantly applauded by Michael Bakst, executive director of Community Memorial Hospital, which sponsored the initiative.

“I’m gratified that the people of Ventura County will have the chance to vote on this,” Bakst said. “I’m incredibly relieved. I have a strong belief in the integrity of the court system.”

Opponents of the measure, which would transfer $260 million in tobacco settlement money from the county to seven local private hospitals, were universally glum. But they drew solace from the words of the judge, which indicated serious misgivings with the initiative.

Superior Court Judge Henry Walsh said the county made a convincing case that the initiative represents an illegal gift of public funds, that it created an illegal commission to regulate how the money is spent and interfered with the county budget process.

“Each and all of them have created in this court’s mind serious or grave doubts as to the legality of the initiative,” Walsh wrote in his three-page ruling. “However, grave doubts are not a sufficient basis for keeping an initiative off the ballot which has otherwise qualified to be on the ballot.”

Walsh said it would be tantamount to “throwing the baby out with the bath water” to keep the matter from voters. He said it is legally difficult to keep an initiative off the ballot.

County litigation supervisor Noel Klebaum said if the measure passes in November, the judge might rule it illegal in a court challenge.

Klebaum said the county would go back to Walsh for a ruling if the measure passes. “He ruled it should go on the ballot, not that it is legal.”

County officials were disappointed but vowed to keep fighting.

Supervisor Frank Schillo said he was amazed that a judge could have so many doubts about a measure’s legality and let it on the ballot anyway.

“I think the public ought to know that this will go before the judge again if it wins,” Schillo said. “It seems that he ruled on a legal technicality.”

Supervisor Chairwoman Kathy Long said Walsh’s comments gave her hope the initiative will ultimately lose in court even if it wins at the ballot box.

But some were not surprised.

“We knew going in that it’s very rare that a judge will keep an initiative off the ballot,” Supervisor Judy Mikels said. “I’m hoping the public will understand the dishonesty of this initiative and won’t vote on it.”

Schillo and Mikels will hold six public meetings in September, asking residents how best to spend the tobacco money if the county gets to keep it.

While supervisors cannot campaign for or against the measure, a coalition has gathered around them to fight it.

“Now that it’s on the ballot, we’ll raise money and marshal the resources to convince the public that this is a dangerous initiative,” said David Maron, former director of the Camarillo Health Care District and now chairman of the Coalition Against the Hospital Initiative.

Community Memorial’s Bakst will be launching a campaign to win over voters by telling them his plan is the only one that guarantees the $10 million a year for the next 25 years will be spent on health care. Bakst has already spent about $520,000 on the initiative.

“Now the voters will be able to exercise their rights with all the information they need at their disposal,” Bakst said.